Decision

Dunn’s Famous International Holdings Inc. v. Devine, 2021 FC 64

Justice Southcott - 2021-01-19

Read full decision. Automatically generated summary:

The Plaintiff has brought an ex parte motion in writing, seeking: (a) an order reversing the Order ... which had bifurcated the trial of the liability issues and the quantification issues in this matter; and (b) an order, pursuant to Rule 210, granting default judgment against the Defendants that are in default in filing a Statement of Defence ... This motion is granted (in part), and Judgment is entered against the Defaulting Defendants. ... I accept the Plaintiff’s submission that the rationale for the bifurcation order no longer applies, as the issue of validity of the Dunn’s Trademarks has been resolved. It is therefore in the interests of justice to reverse the bifurcation order, so that this default judgment motion can address both liability and quantification issues.

Decision relates to:

  • T-1397-16 - DUNNS FAMOUS INTERNATIONAL HOLDINGS INC. v. INA DEVINE et al.

 

Canadian Intellectual Property